By Sergio J. Galvis (Sullivan & Cromwell LLP) As a result of the Argentine sovereign debt crisis and ensuing holdout …
Continue Reading about Solving the Pari Passu Puzzle: The Market Still Knows Best
Pari Passu Undone: Game-Changing Decisions for Sovereigns in Distress
By James Michael Blakemore (Cleary Gottlieb Steen & Hamilton LLP) In “Pari Passu Undone: Game-Changing Decisions for …
Continue Reading about Pari Passu Undone: Game-Changing Decisions for Sovereigns in Distress
Puerto Rico and the Netherworld of Sovereign Debt Restructuring
By G. Mitu Gulati (Duke Law School) and Robert K. Rasmussen (University of Southern California Gould School of Law) Puerto Rico …
Continue Reading about Puerto Rico and the Netherworld of Sovereign Debt Restructuring
Sovereign Bankruptcy Hydraulics
By Stephen Lubben (Seton Hall University School of Law) The frequent suggestion that the world needs a sovereign bankruptcy …
The Role of the Court in Debt Restructuring
By Jennifer Payne (Oxford University) This paper examines the intervention of the law, and the role of the court, in debt …
Continue Reading about The Role of the Court in Debt Restructuring
The Avoidance of Pre-Bankruptcy Transactions: A Comparative and Economic Approach
By Aurelio Gurrea-Martínez (Harvard Law School and Ibero-American Institute for Law and Finance) Most insolvency jurisdictions …
Contracting for a European Insolvency Regime
By Horst Eidenmueller (Oxford University) The European Commission has proposed a directive on “preventive restructuring …
Continue Reading about Contracting for a European Insolvency Regime
The Future of UK Debt Restructuring
By Jennifer Payne (University of Oxford - Faculty of Law) In the UK, a number of different mechanisms exist which can be used to …
The Sun Is Setting: Is It Time to Legislate Pre-Packs?
By John Wood (Lancashire Law School, University of Central Lancashire) In the UK, pre-packaged administrations (“pre-packs”), …
Continue Reading about The Sun Is Setting: Is It Time to Legislate Pre-Packs?
The Dubai World Tribunal and the Global Insolvency Crisis
By Jayanth Krishnan (Indiana—Bloomington) In 2009, as markets from the United States to Europe to the Global South shook, one …
Continue Reading about The Dubai World Tribunal and the Global Insolvency Crisis
Restructuring Sovereign Debt after NML v. Argentina
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton) and Mitu Gulati (Duke University School of Law) The decade and a …
Continue Reading about Restructuring Sovereign Debt after NML v. Argentina
When Do Laws and Institutions Affect Recovery Rates on Collateral?
By Hans Degryse, Vasso Ioannidou, Jose Maria Liberti, and Jason Sturgess The effect of bankruptcy laws and institutions governing …
Continue Reading about When Do Laws and Institutions Affect Recovery Rates on Collateral?
S.D.N.Y. Holds that Avoidance Powers Can be Applied Extraterritorially
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP On January 4, …
Continue Reading about S.D.N.Y. Holds that Avoidance Powers Can be Applied Extraterritorially
Restructuring the European Business Enterprise: The EU Commission Recommendation on a New Approach to Business Failure and Insolvency
By Horst Eidenmueller and Kristin van Zwieten, University of Oxford In 2014, the European Commission issued a recommendation on …
A Constitutional Review of the Draft ‘Macron’ Law Introducing Shareholder Eviction under French Law: The Revolution that Didn’t Happen
By Sophie Vermeille, Jérémy Martinez & Frank-Adrien Papon In a politically controversial attempt to modernize the French …
Chapter 15 Recognition in the United States: Is a Debtor “Presence” Required?
By Daniel M. Glosband, Goodwin Procter LLP, and Jay Lawrence Westbrook, The University of Texas School of Law In a recent case, …
Continue Reading about Chapter 15 Recognition in the United States: Is a Debtor “Presence” Required?
Corporate Bankruptcy Tourists
By Oscar Couwenberg & Stephen J. Lubben Insolvency procedures are not designed for corporate group, but for individual debtor …
The Evolution of European Insolvency Law Part 3: The EU Parliament’s Report on the Amendment of the European Insolvency Regulation (EIR)
By Robert Arts and Dr. Björn Laukemann (Maîtr. en droit) After the external evaluation of European Insolvency Law (Part 1) and …
Emerging Economies and Cross-Border Insolvency Regimes: Missing BRICs in the International Insolvency Architecture
By Steven T. Kargman, President, Kargman Associates Many of the world’s major advanced economies are subject to some form of …
The Evolution of European Insolvency Law Part 2: The EU Commission’s Proposal for the Amendment of the European Insolvency Regulation
Author: Dr. Björn Laukemann, Maître en droit (Aix-en-Provence), Senior Research Fellow at the Max Plack Institute Luxembourg for …